Absolute Rights under the ECHR at State Borders (EXC 3039)
Third Party Funds Group - Sub project
Acronym: EXC 3039
Start date : 09.09.2026
End date : 31.12.2026
Website: https://www.transforming-human-rights.fau.de/en/research-projects/
Overall project details
Overall project
Cluster of Excellence “Transforming Human Rights“ (EXC 3039)
Jan. 1, 2026 - Dec. 31, 2032
Project details
Scientific Abstract
Scientific Abstract
Some human rights are absolute, meaning that no interference is permitted under any circum-stances. One example is Article 3 of the European Convention on Human Rights (ECHR), which prohibits torture and inhuman or degrading treatment or punishment. This provision is also of central importance in migration cases, as the European Court of Human Rights (ECtHR) has derived from Article 3 the principle of non-refoulement, which prohibits states from returning, persons to a country where they would face a real risk of torture or inhuman or degrading treat-ment or punishment. Yet, current debates, including in the ECtHR itself, question the absolute character of state obligations under Article 3 in migration context and whether absolute rights may be restricted in their procedural limb. The workshop - and the following collected volume - provides an occasion to embed context-specific discussions regarding the absolute character for rights in migration context, in broader research of absolute rights under the ECHR. This debate is relevant not only for the protection of migrants' rights but also for the broader understanding of absolute rights, as any narrowing of their interpretation or application may have spill-over effects on other contexts in which absolute rights are relied upon.
